Series 3

TITLE 3

LEGISLATIVE RULES

BOARD OF BARBERS AND COSMETOLOGISTS

SERIES 3

RULES AND REGULATIONS FOR LICENSING SCHOOLS

OF BARBERING AND BEAUTY CULTURE

§ 3-3-1. General

1.1. Scope - This legislative rule establishes general rules

for the licensing of schools of barbering and beauty culture by the

West Virginia Board of Barbers and Cosmetologists (hereinafter

Board).

1.2. Authority - W. Va. Code § 30-27-1, et seq. Related -

W. Va. Code § 30-27-1, et seq.

1.3. Filing Date - May 11, 1992

1.4. Effective Date - July 1, 1992

1.5. Repeal and Replace Former Regulations - This rule

repeals and replaces the former Rule titled "Rules and Regulations

for Licensing Schools of Barbering and Beauty Culture", 3 CSR 5,

filed December 7, 1990, and effective July 1, 1991.

§ 3-3-2. Licensing Standards

2.1. General Policy - A license for a school of barbering or

beauty culture shall be issued only when it is clear that the public

safety, health and welfare is adequately and sufficiently protected

by the conditions surrounding the establishment of the proposed

school, and when the issuance of such license would be in the best

interest and protection of public health. Therefore, licenses shall

be issued only when the applicant has proven to the satisfaction of

the Board that: (a) The applicant is professionally competent,

financially responsible, and adequate physical facilities will be

available for the school, and (b) That the applicant has contracted

for the employment of two (2) or more licensed senior instructors,

or in the instance of a school purchased or opened after the effective date of this rule, has contracted for the employment of three (3) or more licensed master instructors.

2.2. Professional Competency - Each applicant must provide

evidence of his or her background of training or experience in

barbering or beauty culture, as the case may be, as will support

a finding by the Board of professional competency and managerial

ability so as to provide a substantial likelihood of the continued

successful operation of the proposed school.

2.3. Financial Responsibility - The applicant must prove to

the satisfaction of the Board: (a) The ability to finance the

construction and equipping of the proposed school and (b) The purchase of a surety performance bond made payable to West Virginia Board of Barbers and Cosmetologists in the amount of fifty thousand dollars ($50,000), to be renewed annually for five (5) consecutive years. The Board may, by not less than 3/4 majority vote of its membership, accept other alternate forms of security, payable to the West Virginia Board of Barbers and Cosmetologists in the amount of fifty thousand ($50,000) per school to guarantee full instruction to students who enroll at the school. In the event the applicant should default in providing such instruction, a refund from the surety bond, or other form of security, shall be made to the student if that student has prepaid, according to the number of hours of instruction lacking. State or county schools not charging tuition shall be exempt from the bonding requirement.

2.4. Facilities - The applicant must show that the intended

premises for the proposed school are adequate and sufficient so as

to insure proper facilities for teaching a minimum of fifty (50)

students at all times and that the proposed school will be properly

fitted and equipped.

§ 3-3-3. Applications for Licenses

3.1. General Form and Content - Applications for a license

shall be in writing, made under oath, and are sufficient if made

either in letter form or on forms made available by the Board.

Applications shall be addressed to: West Virginia Board of Barbers

and Cosmetologists, West Virginia Department of Health, 1800 Washington Street East, Charleston, West Virginia, 25305. The

application shall contain at least the following:

(a) The name of the applicant;

(b) The place at which the applicant will conduct its

operations and whether the property is owned or leased

by the applicant;

name and addresses of the partners or governing board;

(d) If the applicant is a corporation, the names and

resident addresses of its officers and directors;

(e) A copy of a proposed floor plan of the school, which

arrangement shall have at least two (2) classrooms and

a room for clinical and demonstration work;

(f) A list of the equipment proposed to be installed;

(g) A report from the state fire marshal indicating that

the floor plan, equipment installation and premises

will meet all rules and regulations pertaining to

fire safety;

(h) The background of all persons connected with the

applicant as either owner, manager or instructor

relative to: (1) Training and experience in barbering

or beauty culture, and (2) business and managerial

training, experience or ability;

(i) An applicant's financial statement certified to by a

qualified public accountant and a surety performance

bond instituted consistent with the provisions of

subsection 2.3 of this rule;

(j) A statement setting forth the applicant's general

operating plan for the school;

(k) A list of the names of the licensed master instructors

to be employed in the school;

(l) Copies of proposed: (1) Advertising to be used in the

opening of the school, (2) Student contracts, and (3)

Daily and monthly time sheets to be used in recording

student activities in the school.

3.2. Time of Filing - Application for a license shall be

filed with the Board at least sixty (60) days prior to the Board

meeting at which the application is requested to be considered.

3.3. Board Action - Upon the filing of an application and

the payment of the required investigative fee, the Board shall issue a license if it finds that the applicant has and will comply with the provisions of these rules, and the operation of the school would be within the best interests of the public's safety, health and welfare. This license shall remain in full force and effect until it is surrendered by the licensee or revoked or suspended by the Board.

3.4. The Board shall approve or deny every application for

licensure within ninety (90) days from the applicant's filing of

all required information.

3.5. If the application is denied, the Board shall within

thirty (30) days, thereafter, file in its office, a written decision

and findings of fact with respect to the evidence and reasons

supporting the denial, and immediately serve a copy of the decision upon the applicant.

§ 3-3-4. Licenses

4.1. Contents and Display of License - The license shall

state the address at which the business is to be conducted and

shall state fully the name of the licensee; if the licensee is a

partnership or association, the names of the members thereof; if a

corporation, the date and place of its incorporation. The license

shall be kept conspicuously posted in the place of business and is

not transferable or assignable.

4.2. Issuance of More than One License to Same Licensee -

Not more than one (1) place of business shall be maintained under

the same license but the Board may issue more than one (1) license

to the same licensee: Provided, that for each license the applicant

shall comply with all the provisions of this rule governing the

original issuance of a license.

4.3. Investigation of Business - The licensee shall keep, and

make available to the Board upon request, such books, accounts and

records as will enable the Board to determine whether the licensee

is complying with the rules of the Board.

4.4. Revocation or Suspension of License - The Board shall,

upon ten (10) days notice to the licensee stating the contemplated

action and the general grounds therefor, revoke or refuse to renew

any license issued under these rules if it finds that:

(a) The licensee has failed to pay the annual fee or to comply with any demand, ruling or requirement of the Board made pursuant to and within the authority of the Board;

(b) The licensee has knowingly violated any provision of

the W. Va. Code § 30-27-1 et seq. or any rule promulgated by the Board.

4.5. Any licensee may surrender his or her license by

delivering the license to the Board with a written notice that he

or she thereby surrenders such license. Surrender of a license shall not affect the civil or criminal liability of the licensee for acts committed prior to such surrender.

4.6. No revocation, suspension or surrender of any license

shall impair or affect the obligation of any preexisting lawful contract between the licensee and any student enrolled in licensee's school.

4.7. Every license issued hereunder shall remain in full

force and effect unless surrendered, revoked or suspended in

accordance with the provisions of this rule and W. Va. Code

§ 30-27-1 et seq.: Provided, that the Board shall have authority

on its own initiative to reinstate suspended licenses or to issue

new licenses to a licensee whose license or licenses have been

revoked if no fact or condition then exists which clearly would

have warranted the Board in refusing originally to issue a license

under this rule.

4.8. Whenever the Board revokes or suspends a license it

shall immediately file in its office a written order to that effect

along with findings of fact containing the evidence and reasons

supporting the revocation or suspension, and forthwith serve upon

the licensee a copy thereof.

§ 3-3-5. Administrative Due Process

5.1. Those persons adversely affected by the enforcement of

this rule shall have the right to request a contested case hearing

in a manner pursuant to the provisions of West Virginia Code

§ 29A-5-1 et seq.

§ 3-3-6. Severability

6.1. If any provision of this rule, or the application

thereof, to any person or circumstance is held invalid, such

invalidity shall not affect the provisions or applications of this

rule which can be given effect without the invalid provision or

application, and to this end, the provisions of this rule are

severable.